BILL NUMBER: AB 2814	CHAPTERED  09/28/00

	CHAPTER   823
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000

INTRODUCED BY   Assembly Member Machado
   (Principal coauthor: Senator Schiff)
   (Coauthor: Senator Johnston)

                        FEBRUARY 28, 2000

   An act to amend Sections 296, 296.1, 297, 298, 299, and 299.5 of
the Penal Code, relating to DNA.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2814, Machado.  DNA testing.
   (1) Existing law requires persons convicted of specified offenses
to provide 2 specimens of blood, a saliva sample, and a thumb and
palm print impression for law enforcement identification analysis.
Included in this group is a person who has been sentenced to death,
to imprisonment for life without the possibility of parole, or any
life or indeterminate term of imprisonment, and who is confined in a
specified facility and has been convicted in California of a
specified qualifying offense or a similar crime under the laws of the
United States or any other state that would constitute one of the
specified qualifying offenses.
   This bill would amend the above provision relating to persons
confined in a specified facility to include a person who has been
adjudicated a ward of the court in California, or a person who has
been convicted or had a disposition rendered in any other court,
including any state, federal, or military court, of an offense which,
if committed or attempted in this state would have been punishable
as one of the specified offenses.  The bill also would provide that a
biological sample taken from a person who has not been convicted,
during the course of a criminal investigation, may only be compared
to samples taken from that specific investigation unless a court
order authorizes a comparison with samples taken during another
criminal investigation.
   (2) Existing law requires the Department of Justice DNA Laboratory
to review its data bank to determine whether it contains DNA
profiles from persons who are no longer suspects in a criminal case.
Evidence accumulated pursuant to these provisions from any crime
scene with respect to a particular person must be stricken from the
data bank when it is determined that the person is no longer a
suspect.
   This bill would require the Department of Justice DNA Laboratory
to purge the file of a person who is no longer a suspect in a
criminal investigation within 2 years of the date of the filing of
the information or indictment or when the laboratory receives notice
that the suspect was acquitted or the charges against the suspect
were dropped.
   The bill would also make all evidence and forensic samples
containing biological material retained by the Department of Justice
DNA Laboratory exempt from any law requiring disclosure to the public
or the return of the specimens.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 296 of the Penal Code is amended to read:
   296.  (a) (1) Any person who is convicted of any of the following
crimes, or is found not guilty by reason of insanity of any of the
following crimes, shall, regardless of sentence imposed or
disposition rendered, be required to provide two specimens of blood,
a saliva sample, right thumbprints, and a full palm print impression
of each hand for law enforcement identification analysis:
   (A) Any offense or attempt to commit any felony offense described
in Section 290, or any felony offense that imposes upon a person the
duty to register in California as a sex offender under Section 290.
   (B) Murder in violation of Section 187, 190, 190.05, or any degree
of murder as set forth in Chapter 1 (commencing with Section 187) of
Title 8 of Part 1 of the Penal Code, or any attempt to commit
murder.
   (C) Voluntary manslaughter in violation of Section 192 or an
attempt to commit voluntary manslaughter.
   (D) Felony spousal abuse in violation of Section 273.5.
   (E) Aggravated sexual assault of a child in violation of Section
269.
   (F) A felony offense of assault or battery in violation of Section
217.1, 220, 241.1, 243, 243.1, 243.3, 243.4, 243.7, 244, 245, 245.2,
245.3, or 245.5.
   (G) Kidnapping in violation of subdivisions (a) to (e), inclusive,
of Section 207, or Section 208, 209, 209.5, or 210, or an attempt to
commit any of these offenses.
   (H) Mayhem in violation of Section 203 or aggravated mayhem in
violation of Section 205, or an attempt to commit either of these
offenses.
   (I) Torture in violation of Section 206 or an attempt to commit
torture.
   (2) Any person who is required to register under Section 290
because of the commission of, or the attempt to commit, a felony
offense specified in Section 290, and who is committed to any
institution under the jurisdiction of the Department of the Youth
Authority where he or she was confined, or is granted probation, or
is or was committed to a state hospital as a mentally disordered sex
offender under Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6 of the Welfare and Institutions Code, shall
be required to provide two specimens of blood, a saliva sample, right
thumbprints, and a full palm print impression of each hand to that
institution or, in the case of a person granted probation, to a
person and at a location within the county designated for testing.
   (b) The provisions of this chapter and its requirements for
submission to testing as soon as administratively practicable to
provide specimens, samples, and print impressions as described in
subdivision (a) shall apply regardless of placement or confinement in
any mental hospital or other public or private treatment facility,
and shall include, but not be limited to, the following persons,
including juveniles:
   (1) Any person committed to a state hospital or other treatment
facility as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
   (2) Any person who has a severe mental disorder as set forth
within the provisions of Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
   (3) Any person found to be a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
   (c) The provisions of this chapter are mandatory and apply whether
or not the court advises a person, including any juvenile, that he
or she must provide the data bank and data base specimens, samples,
and print impressions as a condition of probation, parole, or any
plea of guilty, no contest, or not guilty by reason of insanity, to
any of the offenses described in subdivision (a).
   (d) At sentencing or disposition, the prosecuting attorney shall
verify in writing that the requisite samples are required by law, and
that they have been taken, or are scheduled to be taken before the
offender is released on probation, or other scheduled release.
However, a failure by the prosecuting attorney or any other law
enforcement agency to verify sample requirement or collection shall
not relieve a person of the requirement to provide samples.
   (e) The abstract of judgment issued by the court shall indicate
that the court has ordered the person to comply with the requirements
of this chapter and that the person shall be included in the state's
DNA and Forensic Identification Data Base and Data Bank program and
be subject to this chapter.  However, failure by the court to enter
these facts in the abstract of judgment shall not invalidate a plea,
conviction, or disposition, or otherwise relieve a person from the
requirements of this chapter.
  SEC. 2.  Section 296.1 of the Penal Code is amended to read:
   296.1.  (a) Any person, including any juvenile, who comes within
the provisions of this chapter for an offense set forth in
subdivision (a) of Section 296, and who is granted probation, or
serves his or her entire term of confinement in a county jail, or is
not sentenced to a term of confinement in a state prison facility, or
otherwise bypasses a prison inmate reception center maintained by
the Department of Corrections, shall, as soon as administratively
practicable, but in any case, prior to physical release from custody,
be required to provide two specimens of blood, a saliva sample, and
thumb and palm print impressions as set forth in subdivision (a) of
Section 296, at a county jail facility or other state, local, or
private facility designated for the collection of these specimens,
samples, and print impressions, in accordance with subdivision (f) of
Section 295.
   If the person subject to this chapter is not incarcerated at the
time of sentencing, the court shall order the person to report within
five calendar days to a county jail facility or other state, local,
or private facility designated for the collection of specimens,
samples, and print impressions to provide these specimens, samples,
and print impressions in accordance with subdivision (f) of Section
295.
   (b) If a person who comes within the provisions of this chapter
for an offense set forth in subdivision (a) of Section 296 is
sentenced to serve a term of imprisonment in a state correctional
institution, the Director of Corrections shall collect the blood
specimens, saliva samples, and thumb and palm print impressions
required by this chapter from the person during the intake process at
the reception center designated by the director, or as soon as
administratively practicable thereafter at a receiving penal
institution.
   (c) Any person, including, but not limited to, any juvenile and
any person convicted and sentenced to death, life without the
possibility of parole, or any life or indeterminate term, who is
imprisoned or confined in a state correctional institution, a county
jail, a facility within the jurisdiction of the Department of the
Youth Authority, or any other state, local, or private facility after
a conviction of any crime, or disposition rendered in the case of a
juvenile, whether or not that crime or offense is one set forth in
subdivision (a) of Section 296, shall provide two specimens of blood,
a saliva sample, and thumb and palm print impressions pursuant to
this chapter, as soon as administratively practicable once it has
been determined that both of the following apply:
   (1) The person has been convicted or adjudicated a ward of the
court in California of a qualifying offense described in subdivision
(a) of Section 296 or has been convicted or had a disposition
rendered in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as an offense described in
subdivision (a) of Section 296.
   (2) The person's blood specimens, saliva samples, and thumb and
palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory as part of the
DNA data bank program.
   This subdivision applies regardless of when the person was
convicted of the qualifying offense described in subdivision (a) of
Section 296 or a similar crime under the laws of the United States or
any other state, or when disposition was rendered in the case of a
juvenile who is adjudged a ward of the court for commission of a
qualifying offense described in subdivision (a) of Section 296 or a
similar crime under the laws of the United States or any other state.

   (d) Any person, including any juvenile, who comes within the
provisions of this chapter for an offense set forth in subdivision
(a) of Section 296, and who is on probation or parole, shall be
required to provide two specimens of blood, a saliva sample, and
thumb and palm print impressions as required pursuant to this
chapter, if it is determined that the person has not previously
provided these specimens, samples, and print impressions to law
enforcement, or if it is determined that these specimens, samples,
and print impressions are not in the possession of the Department of
Justice.  The person shall have the specimens, samples, and print
impressions collected within five calendar days of being notified by
a law enforcement agency or other agency authorized by the Department
of Justice.  The specimens, samples, and print impressions shall be
collected in accordance with subdivision (f) of Section 295 at a
county jail facility or other state, local, or private facility
designated for this collection.
   This subdivision shall apply regardless of when the crime
committed became a qualifying offense pursuant to this chapter.
   (e) When an offender from another state is accepted into this
state under any of the interstate compacts described in Article 3
(commencing with Section 11175) or Article 4 (commencing with Section
1189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4
(commencing with Section 1300) of Part 1 of Division 2 of the Welfare
and Institutions Code, or under any other reciprocal agreement with
any county, state, or federal agency, or any other provision of law,
whether or not the offender is confined or released, the acceptance
is conditional on the offender providing blood specimens, saliva
samples, and palm and thumb print impressions pursuant to this
chapter, if the offender was convicted of an offense which would
qualify as a crime described in subdivision (a) of Section 296, or if
the person was convicted of a similar crime under the laws of the
United States or any other state.
   If the person is not confined, the specimens, samples, and print
impressions required by this chapter must be provided within five
calendar days after the offender reports to the supervising agent or
within five calendar days of notice to the offender, whichever occurs
first.  The person shall report to a county jail facility in the
county where he or she resides or temporarily is located to have the
specimens, samples, and print impressions collected pursuant to this
chapter.  The specimens, samples, and print impressions shall be
collected in accordance with subdivision (f) of Section 295.
   If the person is confined, he or she shall provide the blood
specimens, saliva samples, and thumb and palm print impressions
required by this chapter as soon as practicable after his or her
receipt in a state, county, local, private, or other facility.
   (f) Subject to the approval of the Director of the Federal Bureau
of Investigation, persons confined or incarcerated in a federal
prison or federal institution located in California who are convicted
of a qualifying offense described in subdivision (a) of Section 296
or of a similar crime under the laws of the United States or any
other state that would constitute an offense described in subdivision
(a) of Section 296, are subject to this chapter and shall provide
blood specimens, saliva samples, and thumb and palm print impressions
pursuant to this chapter if any of the following apply:
   (1) The person committed a qualifying offense in California.
   (2) The person was a resident of California at the time of the
qualifying offense.
   (3) The person has any record of a California conviction for a sex
or violent offense described in subdivision (a) of Section 296,
regardless of when the crime was committed.
   (4) The person will be released in California.
   Once a federal data bank is established and accessible to the
Department of Justice, the Department of Justice DNA Laboratory
shall, upon the request of the United States Department of Justice,
forward the samples taken pursuant to this chapter, with the
exception of those taken from suspects pursuant to subdivision (b) of
Section 297, to the United States Department of Justice DNA data
bank laboratory.  The samples and impressions required by this
chapter shall be taken in accordance with the procedures set forth in
subdivision (f) of Section 295.
   (g) If a person who is released on parole, furlough, or other
release, is returned to a state correctional institution for a
violation of a condition of his or her parole, furlough, or other
release, and is serving or at any time has served a term of
imprisonment for committing an offense described in subdivision (a)
of Section 296, and he or she did not provide specimens, samples, and
print impressions pursuant to the state's DNA data bank program, the
person shall submit to collection of blood specimens, saliva
samples, and thumb and palm print impressions at a state correctional
institution.
   This subdivision applies regardless of the crime or Penal Code
violation for which a person is returned to a state correctional
institution and regardless of the date the qualifying offense was
committed.
  SEC. 3.  Section 297 of the Penal Code is amended to read:
   297.  (a) The laboratories of the Department of Justice that are
accredited by the American Society of Crime Laboratory Directors
Laboratory Accreditation Board (ASCLD/LAB) or any certifying body
approved by the ASCLD/LAB, and any crime laboratory designated by the
Department of Justice that is accredited by the ASCLD/LAB or any
certifying body approved by the ASCLD/LAB, are authorized to analyze
crime scene samples and other samples of known and unknown origin and
to compare and check the forensic identification profiles, including
DNA profiles, of these samples against available DNA and forensic
identification data banks and data bases in order to establish
identity and origin of samples for identification purposes.
   (b) (1) Except as provided in paragraph (2), a biological sample
taken in the course of a criminal investigation, either voluntarily
or by court order, from a person who has not been convicted, may only
be compared to samples taken from that specific criminal
investigation and may not be compared to any other samples from any
other criminal investigation without a court order.
   (2) A biological sample obtained from a suspect, as defined in
paragraph (3), in a criminal investigation may be analyzed for
forensic identification profiles, including DNA profiles so that the
profile can be placed in a suspect data base file and searched
against the DNA data bank profiles of case evidence.  For the
purposes of this subdivision, the DNA data bank comparison of suspect
and evidence profiles may be made, by the DNA Laboratory of the
Department of Justice, or any crime laboratory designated by the
Department of Justice that is accredited by the ASCLD/LAB or any
certifying body approved by the ASCLD/LAB.
   (3) For the purposes of this subdivision, "a suspect" means a
person against whom an information or indictment has been filed for
one of the crimes listed in subdivision (a) of Section 296.  For the
purposes of this subdivision, a person shall remain a suspect for two
years from the date of the filing of the information or indictment
or until the DNA laboratory receives notification that the person has
been acquitted of the charges or the charges were dismissed.
   (c) All laboratories, including the Department of Justice DNA
laboratories, contributing DNA profiles for inclusion in California's
DNA Data Bank shall be accredited by the ASCLD/LAB or any certifying
body approved by the ASCLD/LAB.  Additionally, each laboratory shall
submit to the Department of Justice for review the annual report
required by the ASCLD/LAB or any certifying body approved by the
ASCLD/LAB which documents the laboratory's adherence to ASCLD/LAB
standards or the standards of any certifying body approved by the
ASCLD/LAB.  The requirements of this subdivision apply to California
laboratories only and do not preclude DNA profiles developed in
California from being searched in the National DNA Data Base (CODIS).

   (d) Nothing in this section precludes laboratories meeting
Technical Working Group on DNA Analysis Methods (TWGDAM) or
Scientific Working Group on DNA Analysis Methods (SWGDAM) guidelines
or standards promulgated by the DNA Advisory Board as established
pursuant to Section 14131 of Title 42 of the United States Code, from
performing forensic identification analyses, including DNA
profiling, independent of the Department of Justice DNA and Forensic
Identification Data Base and Data Bank program.
   (e) The limitation on the types of offenses set forth in
subdivision (a) of Section 296 as subject to the collection and
testing procedures of this chapter is for the purpose of facilitating
the administration of this chapter.
   (f) The detention, arrest, wardship, or conviction of a person
based upon a data bank match or data base information is not
invalidated if it is later determined that the specimens, samples, or
print impressions were obtained or placed in a data bank or data
base by mistake.
  SEC. 4.  Section 298 of the Penal Code is amended to read:
   298.  (a) The Director of Corrections, or the Chief Administrative
Officer of the detention facility, jail, or other facility at which
the blood specimens, saliva samples, and thumb and palm print
impressions were collected shall cause these specimens, samples, and
print impressions to be forwarded promptly to the Department of
Justice.  The specimens, samples, and print impressions shall be
collected by a person using a Department of Justice approved
collection kit and in accordance with the requirements and procedures
set forth in subdivision (b).
   (b) (1) The Department of Justice shall provide all blood specimen
vials, mailing tubes, labels, and instructions for the collection of
the blood specimens, saliva samples, and thumbprints.  The
specimens, samples, and thumbprints shall thereafter be forwarded to
the DNA Laboratory of the Department of Justice for analysis of DNA
and other forensic identification markers.
   Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints.  The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file for
identification purposes.
   (2) The withdrawal of blood shall be performed in a medically
approved manner.  Only health care providers trained and certified to
draw blood may withdraw the blood specimens for purposes of this
section.
   (3) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of Justice.
  The palm print forms shall be forwarded to and maintained by the
Bureau of Criminal Identification and Information of the Department
of Justice.  Right thumbprints also shall be taken at the time of the
withdrawal of blood and shall be placed on the forms and the blood
vial label.  The blood vial and thumbprint forms shall be forwarded
to and maintained by the DNA Laboratory of the Department of Justice.

   (4) The DNA Laboratory of the Department of Justice is responsible
for establishing procedures for entering data bank and data base
information.  The DNA laboratory procedures shall confirm that the
offender qualifies for entry into the DNA data bank prior to actual
entry of the information into the DNA data bank.
   (c) (1) Persons authorized to draw blood under this chapter for
the data bank or data base shall not be civilly or criminally liable
either for withdrawing blood when done in accordance with medically
accepted procedures, or for obtaining saliva samples or thumb or palm
print impressions when performed in accordance with standard
professional practices.
   (2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in placing an entry in a data bank or a data
base.
  SEC. 5.  Section 299 of the Penal Code is amended to read:
   299.  (a) A person whose DNA profile has been included in the data
bank pursuant to this chapter shall have his or her information and
materials expunged from the data bank when the underlying conviction
or disposition serving as the basis for including the DNA profile has
been reversed and the case dismissed, the defendant has been found
factually innocent of the underlying offense pursuant to Section
851.8, the defendant has been found not guilty, or the defendant has
been acquitted of the underlying offense.  The court issuing the
reversal, dismissal, or acquittal shall order the expungement and
shall send a copy of that order to the Department of Justice DNA
Laboratory Director.  Upon receipt of the court order, the Department
of Justice shall expunge all identifiable information in the data
bank and any criminal identification records pertaining to the
person.
   (b) (1) A person whose DNA profile has been included in a data
bank pursuant to this chapter may make a written request to expunge
information and materials from the data bank.  The person requesting
the data bank entry to be expunged must send a copy of his or her
request to the trial court that entered the conviction or rendered
disposition in the case, to the DNA Laboratory of the Department of
Justice, and to the prosecuting attorney of the county in which he or
she was convicted, with proof of service on all parties.  The court
has the discretion to grant or deny the request for expungement.  The
denial of a request for expungement is a nonappealable order and
shall not be reviewed by petition for writ.
   (2) Except as provided below, the Department of Justice shall
expunge all identifiable information in the data bank and any
criminal identification records pertaining to the person upon receipt
of a court order that verifies the applicant has made the necessary
showing at a noticed hearing, and that includes all of the following:

   (A) The written request for expungement pursuant to this section.

   (B) A certified copy of the court order reversing and dismissing
the conviction, or a letter from the district attorney certifying
that the defendant has been found factually innocent, the defendant
has been found not guilty, the defendant has been acquitted of the
underlying offense, or the underlying conviction has been reversed
and the case dismissed.
   (C) Proof of written notice to the prosecuting attorney and the
Department of Justice that expungement has been requested.
   (D) A court order verifying that no retrial or appeal of the case
is pending, that it has been at least 180 days since the defendant
notified the prosecuting attorney and the Department of Justice of
the expungement request, and that the court has not received an
objection from the Department of Justice or the prosecuting attorney.

   (c) Upon order of the court, the Department of Justice shall
destroy any specimen or sample collected from the person and any
criminal identification records pertaining to the person, unless the
department determines that the person has otherwise become obligated
to submit a blood specimen as a result of a separate conviction,
juvenile adjudication, or finding of guilty or not guilty by reason
of insanity for an offense described in subdivision (a) of Section
296, or as a condition of a plea.
   The Department of Justice is not required to destroy an
autoradiograph or other item obtained from a blood specimen if
evidence relating to another person subject to the provisions of this
chapter would thereby be destroyed.
   Any identification, warrant, probable cause to arrest, or arrest
based upon a data bank match is not invalidated due to a failure to
expunge or a delay in expunging records.
   (d) The Department of Justice DNA Laboratory shall periodically
review its files to determine whether its files contain DNA reference
sample profiles from suspects as defined in subdivision (b) of
Section 297 who are no longer eligible for inclusion in the data
bank.  The DNA profiles and samples stored in the suspect data base
from a person who is a suspect in a criminal investigation shall be
purged within two years of the date of the filing of the information
or indictment or when the DNA laboratory receives notice that the
suspect was acquitted or the charges against the suspect were
dismissed, whichever occurs earlier.  The notice shall include a
certified copy of the court order dismissing the information or
indictment, a certified copy of the defendant's fingerprints and the
defendant's CII number.
  SEC. 6.  Section 299.5 of the Penal Code is amended to read:
   299.5.  (a) All DNA and forensic identification profiles and other
identification information retained by the Department of Justice
pursuant to this chapter are exempt from any law requiring disclosure
of information to the public and shall be confidential except as
otherwise provided in this chapter.
   (b) All evidence and forensic samples containing biological
material retained by the Department of Justice DNA Laboratory or
other state law enforcement agency are exempt from any law requiring
disclosure of information to the public or the return of biological
specimens.
   (c) Non-DNA forensic identification information may be filed with
the offender's file maintained by the Sex Registration Unit of the
Department of Justice or in other computerized data bank systems
maintained by the Department of Justice.
   (d) The DNA and other forensic identification information retained
by the Department of Justice pursuant to this chapter shall not be
included in the state summary criminal history information.  However,
nothing in this chapter precludes law enforcement personnel from
entering into a person's criminal history information or offender
file maintained by the Department of Justice, the fact that the
specimens, samples, and print impressions
              required by this chapter have or have not been
collected from that person.
   (e) The fact that the blood specimens, saliva samples, and print
impressions required by this chapter have been received by the DNA
Laboratory of the Department of Justice shall be included in the
state summary criminal history information.
   The full palm prints of each hand shall be filed and maintained by
the Automated Latent Print Section of the Bureau of Criminal
Identification and Information of the Department of Justice, and may
be included in the state summary criminal history information.
   (f) DNA and other forensic identification information shall be
released only to law enforcement agencies, including, but not limited
to, parole officers of the Department of Corrections, hearing
officers of the parole authority, and district attorneys' offices, at
the request of the agency, except as specified in this section.
Dissemination of this information to law enforcement agencies and
district attorneys' offices outside this state shall be performed in
conformity with the provisions of this section.  This information
shall be available to defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
   (g) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for other than identification
purposes or purposes of parole or probation supervision, is guilty of
a misdemeanor.
   (h) Furnishing DNA or other forensic identification information of
the defendant to his or her defense counsel for criminal defense
purposes in compliance with discovery is not a violation of this
section.
   (i) It is not a violation of this section to disseminate
statistical or research information obtained from the offender's
file, the computerized data bank system, any of the DNA laboratory's
data bases, or the full palm print file, provided that the subject of
the file is not identified and cannot be identified from the
information disclosed.  It is not a violation of this section to
include information obtained from a file in a transcript or record of
a judicial proceeding, or in any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.  All requests for statistical or
research information obtained from the DNA data bank shall be
cataloged by the Department of Justice.  Commencing January 1, 2000,
the department shall submit an annual letter to the Legislature
including, with respect to each request, the requester's name or
agency, the purpose of the request, whether the request is related to
a criminal investigation or court proceeding, whether the request
was granted or denied, any reasons for denial, costs incurred or
estimates of the cost of the request, and the date of the request.
   (j) The Department of Justice shall make public the methodology
and procedures to be used in its DNA program prior to the
commencement of DNA testing in its laboratories.  The Department of
Justice shall review and consider on an ongoing basis the findings
and results of any peer review and validation studies submitted to
the department by members of the relevant scientific community
experienced in the use of DNA technology.  This material shall be
available to criminal defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
   (k) In order to maintain the computer system security of the
Department of Justice DNA and forensic identification data base and
data bank program, the computer software and data base structures
used by the DNA Laboratory of the Department of Justice to implement
this chapter are confidential.
   (l) Nothing in this section shall preclude a court from ordering
discovery pursuant to Chapter 10 (commencing with Section 1054) of
Title 6 of Part 2.
  SEC. 7.  This bill shall only become operative if both this bill
and Senate Bill No. 1342 are enacted and become effective.
